Section 21 what happens now

Burty57

I got a section 21 off my letting agency as the owner of the house I'm in died and his family wanted it sold with vacant possession . It's been sold section 21 says 9th march . Do I have to be out then or can I stay . Never been in this situation very worried . I'm on my local council list band 1 when will my council give me a home I can't afford to go private as the rents are too expensive and I'm not working due to brain injury . Thank you 

Brie

You don't need to be out on the 9th and you shouldn't leave else the council will say you made yourself homeless and put you at the bottom of the list.  

You said It's been sold section 21 says 9th march .

Sorry but does that mean that it has already been sold or they are still trying to sell it?  

If you haven't left by 9th they will need to get a court date which will be a bit longer and give you time to get something from the council.  Make sure the council gets a copy of everything (paper or email) you get from the family.

RHemmings

When did you receive the S21 notice? And, when is it dated? 

Burty57

@Brie . I got the section 21 before it was sold . But I think it was sold a couple of weeks later . I now have a sold sign in my front garden . I have bid on a council place today just hoping I get it . So if they get a court date it won't look bad to the council ?they will still help me ?

Burty57

@RHemmings on the notice it says the letting agents are coming on the 9th march to do a check up then I need to move out after that . 

PRAISETHESUN

Burty57 said:

@Brie . I got the section 21 before it was sold . But I think it was sold a couple of weeks later . I now have a sold sign in my front garden . I have bid on a council place today just hoping I get it . So if they get a court date it won't look bad to the council ?they will still help me ?

The council will likely tell you to stay put until you are legally evicted, because you technically still have a home while the legal action is underway. Moving out at any point before then will be seen as making yourself intentionally homeless, which the council won't help with. This means your LL will need to take you to court and win (not guaranteed, plenty of LLs don't do things properly so the S21 is not valid), and then the LL needs to instruct bailiffs to remove you from the property.

Burty57 said:

@RHemmings on the notice it says the letting agents are coming on the 9th march to do a check up then I need to move out after that . 

The letting agents can say whatever they want, but legally they can't make you leave. Only you or a court order can terminate your tenancy agreement. Given the circumstances, I'd tell them they are not allowed to enter the property as otherwise it's likely going to get very stressful.

More info below:
https://forums.moneysavingexpert.com/discussion/comment/67759913#Comment_67759913

RHemmings

Burty57 said:

@RHemmings on the notice it says the letting agents are coming on the 9th march to do a check up then I need to move out after that . 

But, when did you receive the notice, when is it dated, and what exact date does it say you have to move out by? 

The advice of others above is important - e.g. not having to leave until procedures are finished if you want to stay. I'm only asking the above questions because I suspect that your S21 has not given you correct notice. 

Brie

If the property is now sold who should be issuing the S21?  Does the new owner need to reissue??  

I would suggest that on the off chance people overstep themselves and do things they shouldn't - that you move anything of real value to you, passports, family photos, laptops you're not using daily, etc and let someone you know and trust look after them for you until you have moved.  Then should something nasty hit the fan you don't lose those precious things. 

Should someone come to the door, owner, letting agents, whomever, with or without an appointment have your phone ready to record any interchange.  They might get nasty and shouty, they might try to push their way in, be ready to record these things in case you need evidence in court.  

Hopefully you'll have your new place sorted out shortly but it's best to be prepared for the worst.  

housebuyer143

RHemmings said:

Burty57 said:

@RHemmings on the notice it says the letting agents are coming on the 9th march to do a check up then I need to move out after that . 

But, when did you receive the notice, when is it dated, and what exact date does it say you have to move out by? 

The advice of others above is important - e.g. not having to leave until procedures are finished if you want to stay. I'm only asking the above questions because I suspect that your S21 has not given you correct notice. 

I imagine to get band 1 the OP has given the notice to the council and they have deemed it valid. If not, they will have made them issue it again. 

The council will advise you not to leave and I recommend you let your letting agent know you can't leave until you have been rehoused. Call the council for advice if needed because it's important you do as they say so you don't make yourself homeless.

Brie

Also just because you've been told it's been sold and there's a big sign out front doesn't mean that the sale has actually completed.  Maybe at some point you need to ask politely who the owner is in case of emergencies - name and contact details.  

propertyrental

Please answer the questions if you want advice!

* on what date did you receive the S21?

* what date was given on the S21 for 'expiry date'?

* are you in a fixed term tenancy? If yes, start and end dates please.

* or is the tenancy periodic (rolling month by month)?

* Has the property sale actually 'Completed'? If yes, you have a new landlord who must

a) serve you a S3 notice (see Landlord & Tenant Act 1985 clause 3 ) - criminal offence not to do so ands

b) serve a S48 notice (Landlord and Tenant Act 1987 clause 48) - rent need not be paid without this

* if property sale not 'Completed', continue to pay rent to old LL

* you do not need to leave till the tenancy ends, and only a court can end the tenancy, not the LL. The S21 just warns you the LL might apply to court.

* you do noty need to let anyone in on 9 March. Just refuse them entry and say " The tenancyu has not ended and this is my home. Please do not harass me."

So if they get a court date it won't look bad to the council ?they will still help me ?

The opposite! Without a court date the council will say you left voluntarily and made yourself "intentionally homeless", so they will not help you.

With a court date you will have been made homeless (by the landlord/court) so the council will help.

It's also worth checking if the S21 is valid. Follow the flow chart:

https://nearlylegal.co.uk/section-21-flowchart/